IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.10702 of 2009
Date of Decision: 21.07.2009
Bhag Singh
Petitioner
Versus
State of Punjab and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mohd.Yousaf, Advocate for the petitioner
.....
Jasbir Singh, J.(Oral)
Notice of motion.
On asking of the Court, Mr.A.K.Sharma, Additional Advocate
General, Punjab accepts notice.
By filing this writ petition, the petitioner prays that a writ of
mandamus be issued, directing respondent Nos.2 and 3 to take action
against respondent Nos.4 to 9, for interfering in possession of the petitioner,
without any justification.
It is case of the petitioner that when the private respondents
tried to interfere in his possession over the land, in dispute, father of the
petitioner filed a Civil Suit and in that suit interim injunction was granted in
favour of his father, holding him in possession of the land, in dispute. It
was specifically ordered that he shall not be ejected otherwise in due course
Civil Writ Petition No.10702 of 2009 2
of law. Private respondents went in appeal, which was dismissed. Now
they, in connivance with respondent Nos.4 and 9, are not allowing the
petitioner to enter into his land. The petitioner has filed a contempt petition.
Despite that, official respondents are helping the private respondents in
interfering in possession of the petitioner. Respondent No.4 has also
initiated Calendra under Section 145 Cr.P.C. for appointment of a Receiver.
During arguments, it transpires that by stating his grievance,
the petitioner has already sent a representation to respondent Nos.2 and 3,
which is still pending undecided.
Mr.Sharma states that decision regarding pending
representation of the petitioner shall be taken by the authorities concerned
within a period of two weeks.
In view of above, this writ petition is disposed of by issuing
directions to respondent No.3 to take note of representation filed by the
petitioner and decide it by passing a speaking order. SSP is directed to take
note of orders, passed in favour of father of the petitioner by the Civil Court
and then pass an order, restraining the official respondents not to interfere in
private dispute of the parties. An opportunity of hearing be also granted to
the private respondents before passing any order. Needful be done within a
period of two weeks from the date of receipt of a copy of this order.
Copy of the order be supplied to the State counsel under
signatures of the Court Reader for compliance.
21.07.2009 (Jasbir Singh) gk Judge